Loading...
Ordinance 91-047 ORDINANCE 91-47 AN ORDINANCE RELATING TO THE CONTROL OF LITTER, THE UNLAWFUL ACCUMULATION OF WEEDS, AND THE THE UNLAWFUL ACCUMULATION OF EXOTIC~ WITHIN THE UNINCORPORATED AREA OF COLLIER ~ COUNTY, FLORIDA; SETTING FORT}{ FINDINGS AND PURPOSE; PROVIDING TITLE AND CITATION; PROVIDING APPLICABILITY, SETTING FORTH % DEFINITIONS; DECLARING LITTER TO BE a PUBLIC ~ NUISANCE; DECLARING UNLAWFUL ACCUMULATION OF WEEDS TO BE A PUBLIC NUISANCE; DECLARING UNLAWFUL ACCUMULATION OF EXOTICS TO BE A PUBLIC NUISANCE; PROVIDING FOR THE CONTROL OF LITTER, PROVIDING FOR CONTROL OF THE UNLAWFUL ACCUMULATION OF WEEDS, REGULATING THE STORAGE OF ABANDONED PROPERTY; REGULATING THE STORAGE OF LITTER; PROVIDING FOR CONTROL OF THE UNI~WFUL ACCUMULATION OF EXOTICS, PROVIDING~~.~526~ FOR THE ABATEMENT OF NUISANCES; PROVIDING ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR PENALTIES; PROVIDING FOR !~ CONFLICT AND SEVERABILITY; PROVIDING FOR ~ REPEAL OF ORDINANCE NUMBERS 76-14, 84-63, ~ 85-33, AND 89-66, PROVIDING FOR AN EFFECTIV~.~ DATE WIqEREAS, Chapter 125, Florida Statues, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcing zoning regulations necessary for the protection of the public; and ~EREAS, the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds, grass, or such other prohibited exotic er similar growth or land on which abandoned properties or trash is allowed to accumulate is detrimental to the health, safety and welfare of the citizens of Collier County as harborage for vermin, rodents and other disease vectors; and WHEREAS, the Board of County Commissioners has been advised by the members of Collier United for Rights and Equality (C.U.R.E.) that the overgrown condition of particular parcels of property in certain areas throughout Collier County provides locations for the concealment of persons with criminal intent and ~hereby contribute to criminal activity in these areas; and WHEREAS, the State Attorney's office and Collier County Sheriff's office have confirmed the use of such areas for the perpetration of criminal activity. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Findings of Fact The Board of County Commissioners does hereby make the following findings of fact: a. The accumulation of litter and abandoned property on public and private property constitutes a hazard and is detrimuntal to the health, safety and welfare of the Citizens of Collier County; b. The accumulation of weeds, grass, or other pro- hibited exotic or similar growth on, or in close proximity to, residentially, commercially or industrially zoned land is detrimental to the health, safety, and welfare of the citizens of Collier County. c. Certain areas of Collier County contain parcels of property which are currently undeveloped, but which are located within and/or are in close proximity to residentially or commercially zoned and developed areas, and which may be used by persons with criminal intent for concealment in order to perpetrate crimes on the residents of these'areas and the citizens of Collier County. SECTION TWO: Title and Citation This Ordinance shall be known and may be cited as the "Collier County Litter, Weed and Plant Control Ordinance." SECTION THREE: Applicability This Ordinance shall apply to and be enforced in all unincorporated areas of Collier County. SECTION FOUR: Definitions The following words, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: ffi 147 "Abandoned property" shall mean any wrecked, inoper- ative, derelict or partially dismantled property having little, if any, value other than nominal salvage value, which has been left unattended and unprotected from the elements, which shall include, but not be limited to, motor vehicles, trailers, boats, machinery, appliances such as refrigerators and washing machines, plumbing fixtures, furniture, and any other similar article. "Exotics" shall mean Australian pine (~!~, all species), melaleuca (all species), Brazilian pepper ($chinus terebiDthifoliq~), or downy rose myrtle (~d]_q~_~/svrtus tomentosus) or any prohibited exotic species in accordance with Ordinance 82-37, as amended. "Enclosed container" shall mean, for purposms of this Ordinance, any container whose physical structure is such as to'prevent enclosed materials from falling out, spilling, blowing out by wind action, or coming out by another acci- dental means during transport, and shall include, but not be limitad to, garbage cans, boxes, truck bodies capable of being enclosed and any other container sufficient to prevent the accidental scattering or leaking of said materials on the public roads. "Improved property" shall mean property tl%at contains buildings, streets or other structural improvements. "Inert waste materials', shall mean brick, block, con- crete, rock, stone, earth and sand, free from contamination or other types of waste and capable of serving as fill material without harm to, or pollution of, ground or surface waters. "Litter" shall mean any discarded, used, or unconsumed substance or wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse, debris, hazardous rub- bish, including paper (newspapers, magazines) products, glass, metal, plastic or other containers, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or psdemtrian hazard, or any othor condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. .... ,Mowable lot" shall mean a lot, fifty percent (50%) or more of which can be mowed with bushhcg-type, or smaller mowing equipment without damage to the lot or equipment. "Prohibited accumulation of exotics" shall mean any accumulation of prohibited exotic plants in excess of eighteen (18) inches in height located on unimproved property and in violation of this Ordinance. "Recorded subdivision" shall mean land subdivided into three (3) or more lots, parcels, sites, units or any other division of land for which a plat has been filed with the Clerk of Courts of Collier County. "Storage of litter" shall mean the interim containment of litter in ~ manner approved by the Board of.~County Commissioners, after generation of such litter and prior to proper and final disposal. "Unauthorized accumulation of litter" shall mean the accumulation of litter in or upon any public or private property or body of water which is not contained within proper containers or receptacles provided for control of litter or is not otherwise permitted or authorized"by any other Collier County Ordinance. This shall not include building materials used in construction or repair of a building or structure which materials are properly, stored at the site of such activity, so long as the subject building is -4- being constructed, remodeled or repaired under the authority of a current, valid Collier County Building Permit and for which the materials are to be used. "Unlawful accumulation of weeds, grass or similar non-protected overgrowth" shall mean any accumulation if any part of such accumulation is in excess of eighteen (18) inches in height and is declared to be a public nuisance when located on a mowable lot, improved or unimproved,, in any recorded or unrecorded subdivision of this County, except Golden Gate Estates. Accumulations of protected vegetation such as coastal strand, scrub, tropical hammocks, dune vegetation, and property officially declared to be wetlands by any federal, state, or local authority are hereby exempted from such public nuisance declarations. ~ ~ - "Unrecorded subdivision" shall mean land which for the purpose of sale or transfer Pas been subdivided prior to the enactment of Ordinance 76-6, as amended, or any other div~.sion of land for which a plat has not been filed witk the Clerk of Courts of Collier County.' "Written corrective notice" shall mean a written state- ment issued to the violator or his or her agent identifying and specifying the violation, the date, location the vio- lation was found, the corrective measures required to be taken and the date by which the corrective measures are to be completed. SECTION FIVE: Litter Declared To Be A Public Nuisance The unauthorized and improper dumping, accumulation or storage of litter or abandoned property as described in Sections Six, Seven, Eight, Nine or Ten in or upon public or private property is hereby declared to be a publid nuisance. SECTION SIX: Unlawful To Litter It shall be unlawful for any person to throw, discard, place, drop, or deposit litter in any manner or amount in or upon any public property, private property, highway, street, right of way or body of water within the unincorporated areas of Collier County, Florida, except in such areas and con- tainers specifically provided and appropriately designated for the disposal of litter. In any case where litter is ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation Of Litter Prohibited Any unauthorized accumulation of litter in or upon, any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager or other person who owns, maintains, or con- trols private property, whether improved or unimproved, is hereby declared to be in violation of this Ordinance where any such unauthorized accumulation of litter is ;aaintained or is allowed to remain on such property. Unauthorized accu- mulation of litter shall also include, but not be limited to, the accumulation or storage of litter or containerized litter or abandoned property adjacent to public rights of way if such materials are placed upon a right of way earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid w~ste collection contractor, or allowing said accumulation to remain adjacent to the public right of way after six (6) p.m. of the day of the scheduled pickup. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing.-of abandoned property on any real property, street, or highway; however, abandoned property kept in a completely enclosed building or a business enterprise which is lawfully licensed and zoned for receipt and storage of abandoned property shall [] 044 151 --6-- be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed busi- ness enterprise, all abandoned property shall be screened so that it is not visible from any public right of way or from any property used for residential purposes. It shall be un- lawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kept in a completely enclosed building. SECTION NINE: Storage Of Litter a. All commercial establishments shall store their litter in containers so as to eliminate wind-driven debris and unsightly litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers shall constitute an illegal accumulation of litter and shall be immediately cleaned up as it occurs. b. Ail loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner of the business to store loose debris, paper, cardboard, packing materials, and all other similar materials. c. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain litter generated from such establishment. d. Any and every person in possession, or in charge or in control of any place, public or private, where litter is accumulated or generated shall provide and at all times maintain adequate and suitable receptacles and/or~'containers capable of holding such materials until proper final disposal is accomplished. e. All construction and demolition contractors, whether owners or agents, shall provide on-site receptacles for loose debris, papers, building materials waste, scrap building materials and other litter products in order to prevent wind- driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basts. SECTION TEN: Waste Materials Management a. Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand, free from con- tamination of any type of waste and capable of serving as fill materials without harm to, or pollution of, ground or surface waters. All other waste, including garbage, haz- ardous waste, rubbish, including refuse, paper products, containers, cloth, wood and wood products, sweepings, liq- uids, (other than water), sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing and other horticultural waste shall not be buried on-site but shall bo otherwise lawfully disposed of and are hereby classified as litter. Inert waste materials such as brick, block, and concrete which have not been properly buried or disposed of are hereby classified as litter. b. On-site containment of downed trees and other vegetative growth shall be permitted in the Golden Gate Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on the same property of the ~ermitted construction, providing all of the following conditions are met: a valid building permit for construction on the applicable Estates lot has been obtained and~is posted before removal and containment of Such growth. The downed trees and vegetative growth are placed into an excavated earthen depression which does not exceed three (3) feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than nine thousand (9,000) square feet. All such excavated earthen d~pressions containing downed trees and vegetative growth shall be located at the rear of the Estates zoned properties and shall not be closer than fifteen (15) feet from the side property line nor closer than fifty (50) feet from the rear property line.. The covering of such vegetative containment areas by more than six (6).inches of earth is prohibited. The nearest point of such excavated earthen depression for containment of on-site downed trees and vegetative growth shall not be closer than one hundred (100) feet to any structure, nor closer than one hundred (100) feet to any public or private right'of way. All downed trees and uegetative growth con- tained in such excavated earthen depression shall be so contained to prevent the protrusion of any such growth more than twenty four (24) inches above the surrounding natural elevation including earthen cover. Failure to either remove downed trees or downed vegetative growth from Golden Gates Estates zoned properties or to properly contain such material, as required by this Ordinance, shall result in such downed trees and/or downed vegetative growth being classified as litter and thereby subject the property owner, agent, and/or other responsible parties to any and all penalties provided under this Ordinance. SECTION ELEVEN: Declaration of Public Nuisance a. The accumulation of weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any mowable lot, whether improved or unimproved, in any recorded or unrecorded subdivision of this County, except Golden Gate Estates, and which condition has been specifically described by legal description and determined by the County Manager or his designee to be a public nuisance pursuant to this Ordinance, in that such lot --9-- is, or may reasonably be expected to become, infested or inhabited by non-protected rodents, vermin or wild animals~, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. Accumulations of protected vegetation such as coastal strand, scrub, tropical hammocks, dune vegetation, and property officially declared to be wetlands by any federal, state, or local authority are hereby exempted from such public nuisance declarations. · b. 'The accumulation of weeds, grass, or other prohibited exotics or similar growth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in this County, except Golden Gate Estates, which condition is ad- Jacent to a public right of way and is not within a recorded or unrecorded subdivision where such property has been des- cribed by legal description and determined by the County Manager or his designee to be a public nuisance pursuant to this Ordinance, in that such property threatens or endangers the public health, safety or welfare; however, the requirements for abatement of the public nuisa~%ce as des- cribed in Section Twelve shall only apply to that portion of the property to a depth of twenty (20) feet from the property line or lines running adjacent and parallel to a public right of way. Accumulations of protected vegetation such as coastal strand, scrub, tropical hammocks, dune vegetation, and property officially declared to be wetlands by any federal, state, or local authority are hereby exempted from such public nuisance declarations. c. The accumulation of prohibited exotics, as defined by this Ordinance, in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance -10- when located upon any unimproved property in Collier County when the exotics are located within a two hundred (200) foot radius of any improved property located in a recorded or unrecorded subdivision. The unimproved property containing the prohibited exotics shall be described by legal des- cription and determined by the County Manager or his designee to be a public nuisance pursuant to this Ordinance, in.that~such property threatens or endangers the public health, safety or welfare; however, the requirements for abatement of the public nuisance as described in Section Twelve shall only apply to that portion of the unimproved property where the prohibited exotics exist within a two hundred (200) foot radius of improved property. Accu- mulations of protected vegetation such as coastal strand, scrub~ tropical hammocks, dune vegetation, and property officially declared to be wetlands by any federal, state, or l~Cal authority are hereby exempted from such public nuisance declarations. -- 'd. The accumulation of weeds, grass, other prohibited exotics or similar growth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within flys hundred (500) feet of improved property when such accumulation has aided any person to conceal or facilitate the commission of crimi- nal acts against passers-by and the citizens of Collier County and is likely to continue to aid in the concealment or commission of future criminal acts if such accumulation is not abated. A report from the Collier County Sheriff's office identifying such unimproved property which~.h~s been utilized by any person to conceal or facilitate the com- mission of criminal acts against Passers-by or the citizens of Collier County shall constitute cause for such unimproved property to be determined a public nuisance by the County -11- Manager or his designee pursuant to this Ordinance, in that such property threatens or endangers the public health, safety, or welfare; however, the requirements for abatement of the public nuisance as described in Section Twelve shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of improved property. Accumulations of protected vegetation such as coastal strand, scrub, tropical hammocks, dune vegetation, and property officially declared to be wetlands by any federal, state, or local authority are hereby exempted from such public nuisance declarations. SECTION TWELVE: Abatement of Nuisance a. Whenever the County Manager or his designee shall determine that a public nuisance as described in Sections Five, Eight, Ten or Eleven herein exists, he shall cause a notice to be served on the record owner or owners of said property as appropriately provided fcr in this Section and in Section Fifteen informing them of the existence of the nuisance in substantially the following form: Office of the Compliance Services Manager Notice of Violation To: Date: Ordinance Violation Case No. Property: According to the official records of this County, you are the owner of the above-described property. As such, you are hereby notified that the Compliance Services Manager, on __, determined that a public nuisance existed upon such property, caused by: You are further notified that you shall abate this nuisance within twenty (20) days. Failing this action on your part, the Board of County Commissioners will cause the nuisance to be abated. The direct cost plus an administrative fee of not less than $100.00 will be levied as an assessment against the property. [ 44 1.57 You may contest this determination of the existence of a public nuisance by applying for a hearing before the Board of County Commissioners within fifteen (15) days from the date of this notice. b. If the property owner or someone on his behalf has not abated the identified nuisance as described in said notice within twenty (20) days from the date of the giving of notice as aforesaid, the county shall forthwith abate the condition and shall, through its employees, servants, agents or contractors, be authorized to enter upon the property and take such steps as are reasonably required to effect the abatement of the nuisance. SECTION THIRTEEN: Assessment for Abating N~lisance a. As soon after such abatement as feasible, the cost thereof to the County as to each parcel shall be cal- culated and reported to the Collier County Compliance Services Manager or his designee. An invoice shall be mailed to the property owner for the cost of abatement which invoice shall include an administrative expense of $100.00 per parcel of property when paid within twenty (20) days from date of invoice. b. If the invoice sent by the Compliance Services Manager or his designee is not paid at the expiration of the twenty (20) day period, the Board of County Commissioners shall be notified. Thereupon the Board of County Commissioners, by resolution, shall assess such cost against such parcel. Said resolution shall describe the land and show the cost of abatement, which shall include an additional administrative expense of $100.00 per parcel. Such assess- ment shall be a legal, valid and binding obligation ~hich shall run with the property until paid. The assessment shall become due and payable twenty (20) days following the mailing of the notice of assessment after which interest shall accrue at the rate of twelve percent (12%) per annum on any unpaid portion thereof. c. The Clerk shall mail a notice to the owner or owners of record of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice shall be in substantially the following form: BOARD OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: ~ REF. INV.# ). 'LIEN NUMBER: LEGAL DESCRIPTION: You, as the owner of record of the property above described, are hereby advised that Collier County, Florida did on the day of , 19__~_, order the abatement of a certain nulsa~ce existing on the above property, sending you notice thereof, such nuisance being: A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it ~.was abated by Collier County at a direct cost of $ and an administration cost of $200.00 for a total of $ .00. Such cost, by resolution of the Board of Cou6ty Commissioners of Collier County, Florida, has been assessed against the above property on , 19_ , and shall become a lien on the property thirtY"' (30) days after such assessment. You may request a hearing before the Board of County Commissioners tc show cause, if any, why the expenses and charg.~s incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk to the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of the assessment. CLERK, BOARD OF COUNTY COMMISSIONERS d. After the expiration of one year from the date of recording of the Assessment of Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of I '44 159 -14- municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby in- corporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. e. The liens for delinquent assessments imposed here- under shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. SECTION FOURTEEN: Right To Hearings On Dsclaration of Publio Nuisance and Assessment a. Any property owner receiving notice from the County Manager or his designee of the existence of a public nuisance as described in this Ordinance may contest this determination by filing an application for a hearing before the Board of County Commissioners within fifteen (15) days from the date affixed on the notice of public nuisance. b. Prior to the expiration of the twenty (20) days provided in Section Thirteen of this Ordinance, any owner shall have a right to request a hearing before the Board to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against said property provided that nothing contained in this Section is to be construed to disturb or permit a review of the determination by the Board of the existence of the public nuisance under Sections Twelve and Thirteen of this Ordinance. c. If, after said hearing, the Board determines that the assessment is fair, reasonable, and warranted, the assessment resolution shall be recorded forthwith. If the Board deter- mines that the charges are excessive or unwarranted, it shall direct the County Manager to re-compute the charges and the Board shall hold a further hearing after notice to the owner upon the re-computed charges. SECTION FIFTEEN: Enforcement Procedures Investigators of Collier County Compliance Services are hereby empowered to issue written corrective notices and/or notices to appear in misdemeanor court to any person vio- lating the provisions of this ordinance. Written corrective notices issued to violators of this Ordinance shall state the date observed, nature of the offense committed, corrective measures to be taken and the date on or before which such corrections shall be made. In the event the agent issuing the written corrective notice has reason to believe a violation presents a serious threat to the public health, safety or welfare of the public or that the violation is of such a nature as to require in~ediate correction, the violator may be required by the notice to effectuate immediate corrective measures upon receipt of the notice. The time period allowed for taking corrective measures shall not exceed thirty (30) days. All such notices issued shall be maintained by the issuing authority for public'inspections during normal office hours. Notices mailed to the violator's address indicated on the records of the Collier County Property Appraiser of such lot or parcel of land for ad valorem taxation purposes by registered or certified mail, return receipt requested, shall be deemed personal service upon the person, for the purpose of this Ordinance. Any person who has been served with such notice in accordance with the provisions of this Ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so ordered and/or to comply within the time frame so ordered therein, shall be in violation of this Ordinance. -16- SECTION SIXTEEN: Penalties If any person fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500~00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. -NOthing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently availabl~ to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION SEVENTEEN: Repeal of Ordinances Ordinance Numbers 76-14, 84-63, 85-33 and 89-66 are hereby expressly repealed upon the passage of this Ordinance. SECTION EIGHTEEN: Conflict and Severability In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of , , competent Jurisdiction, such portion shall be deemed a sepa- rate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINETEEN: Effective Date This Ordinance shall take effect upon receipt of notice :. from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .//. day of ~ , 1991. · ~E~:~ ,~/ BOARD OF COUNTY CO~ISSIONERS ~.~: .~.~ ES C. GI.~S, Clerk COLLIER COUNTY, FI~RIDA ~-~,~ - ./ . ~.. ~./ ~ / By: % "'..f. '. ~-~' .. -- Chairman O~NI~ ~. · ~' ,~ Approved as to form and legal sufficiency: MARTHA N. HOWELL County Attorney Aesistant -18- ~ STATE OF FLORIDA ) i':~ ' COUNTY OF COLLIER ) ~ i I, JAMES C. GILES, Clerk of Courts In and for the Twentieth Judicial Circuit, C911ter County, Florida, do hereby certify that the foregoing ts a true copy of: o ~.- Ordinance No. 91-47 which was adopted by the Board of County Commissioners the 1/th day of June, 1991, during Regular Session. WITNESS my hand and the offtclal seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 1991. JAMES C. GILES . Clerk of Courts and Clerk'." · Ex-officio to Board of County Commissioners ,~. . By: /s/Maureen Kenyon '~ ". Deputy Clerk '"'~; ". 164